Answer By law4u team
Yes, the Supreme Court of India has the power to strike down laws made by Parliament if they are found to be unconstitutional. This power is based on the principle of judicial review, which is a core feature of the Indian Constitution. Legal Basis: Article 13(2) – Any law that violates Fundamental Rights is void. Article 32 & Article 226 – Empower courts to enforce Fundamental Rights. Article 141 – Decisions of the Supreme Court are binding on all courts. When Can the Supreme Court Strike Down a Law? The Supreme Court can declare a law void or unconstitutional if: It violates Fundamental Rights (Part III of the Constitution) It goes beyond Parliament’s legislative competence (violates division of powers in 7th Schedule) It violates the Basic Structure of the Constitution (as held in Kesavananda Bharati v. State of Kerala, 1973) It is arbitrary, unreasonable, or discriminatory It lacks due process or procedural fairness Important Examples: Minerva Mills v. Union of India (1980) – Part of the 42nd Amendment struck down for violating the Basic Structure Shreya Singhal v. Union of India (2015) – Section 66A of the IT Act struck down as violating freedom of speech (Article 19) Navtej Singh Johar v. Union of India (2018) – Part of Section 377 IPC decriminalized as it violated right to dignity and privacy Joseph Shine v. Union of India (2018) – Section 497 IPC (Adultery) struck down as unconstitutional and discriminatory Limits to This Power: The Supreme Court cannot rewrite or legislate new laws — only review existing laws. It must exercise this power carefully, respecting the principle of separation of powers between the legislature, executive, and judiciary. Conclusion: Yes, the Supreme Court can strike down laws passed by Parliament if they violate the Constitution. This is a key safeguard to protect citizens’ rights and uphold constitutional values in India.
